we was looking to buy a 2nd hand house.my lawyer ask us not to pay the sellar downpayment till we get our loan frist and the owner also din't no ask for downpayment frist time we meet. after we in the mid of applying loan the owner ask for downpayment so we put our 4k to our lawyer for safe keeping and show our good will to by but not as a downpayment.then thing started to happen the owner lawyer started ask to pay 4k for a 175k house 20 x 55 two story terracs so i go to meet with the owner and let him know we do not agree 4k as downpayment and i agree only to give 1k only then he agree.but after few day his lawyer call my lawyer that there is no agreement on 4k downpayment so i call the owner agin to get thing right he say ok ok. then his lawyer issue letter for 1k and forfeit 3k if we do not buy in 21day.i feel very cheated!
note: we have no any agreement on paper also!

1 can he sue me if we don't wan to buy anymore?

2 do i have the right do not buy and not pay him anything?

3 will we win if we go to court?

pls neet help.TQ

since you have your own lawyer and your 4k is on your own lawyer hand. Why not you just ask your lawyer? He should be more clear to answer your question?
By the way your 4k is not on their lawyer hand also, how they goin to forfeit 3k? Did your lawyer agree with them the 4k as downpayment earlier before?

This post has been edited by onnying88: May 15 2009, 01:50 AM

you cannot be bound by anything you and/or your lawyer did not agree to.

in any event, your explanation of the story is extremely incoherent and therefore the best person to advise you would be your lawyer.

my lawyer are doing not to help and advise me, the lawyer keep asking to discuss with owner. i have call the owner up to day he till wan the 4k forferit he say my lawyer e mail they lawyer we have downpayment of 4k so they have the right to forferit my 4k even if i don't get my loan.

can he do that by using law and court?

pls help!

1 can he sue me if we don't wan to buy anymore?

2 do i have the right do not buy and not pay him anything?

3 will we win if we go to court?

does anyone actually understand what he's trying to say??

No, that's the reason why I am not replying him.

I think TS mean his lawyer not goin to help him and advise him and ask TS to discuss with the owner.

How come your lawyer service like this? I think your lawyer did somethings wrong or missunderstand the use for the 4k.
As owner lawyer claim that your lawyer email them about the 4k as downpayment. If really so, please ask them to show you the email.
Then clearly you'll know what's going wrong.

If they can show you the email, then you should ask your lawyer why he/she send out the email without your concern.

sorry i am sick today and using a phone to reply back.

Meaning?

pls if you are not helping pls do post and make fun on my wrong ok.i am try my best to get some help here.

my lawyer have denied that the 4k downpayment. so can he sue me of that?

TS, i think most around here are trying to help, but your explanations aren't helping.

let me get that straight, your lawyer is still holding your 4k or has he deposited to the vendor as your downpayment? if there are no agreements up until this moment then i believe your lawyer has made a major error if he has banked in to the vendor. which btw, when you hand over the money to your lawyer, i'm sure they issue some kind of receipt to confirm that they've received 4k from you for safekeeping, right?

if you've not signed anything at all then you have the rights to demand your lawyer to clear this mess, because right now it seems more like a blunder by your lawyer, but again, like many other forumers here i still don't really get what you're trying to say.

added:
i don't think they can sue you at all if there's nothing in black & white, but if that's the case how did your money end up with them? that's the thing i think most of us would like to know.

This post has been edited by livingmonolith: May 15 2009, 03:46 PM

Err. Ok.

Do you mean this to me or others? I don't see any post here from me or others is making fun of you.

We all here are trying our best to understand more and trying to help you up.
You are the one who making funny of us as you have a lawyer to ask and you dont, how can a lawyer not to answer client's question? You are the one who paying them money to solve problem for you, stress it to your lawyer and ask your lawyer to clarify for you. That's your right to do so and the responsibility of the lawyer.

We all cant help you much as we dunno what's happened and what's your lawyer did with the RM4k. i've already giving you advise to check for the email that will be the most important evidence to answer all your question from the beginning.

same2

Wonder where is TS and the status of it. hmmm

Change lawyer

I concur. Just fire the lawyer and get a new one. Plenty of them around. But seriously, if going by what the TS had posted is any indication, there is also the possibility he may have simply/ignorantly instructed his lawyer to act and now don't know what to do

This post has been edited by tgeoklin: May 21 2009, 04:11 PM

what is your lawyer name? can let us know at least we try to avoid this people to be involed in our case in future.

1.ok now , i have put my 4k at my own lawyer. my lawyer have send a letter saying the 4k is as earnest deposit,but without saying it will be forfeit if i don't get my loan or i back out half way.

2. Now the house own send me a lawyer letter of demand my 4k earnest deposit,when i can't get my loan and even without any LO and wan me to pay his lawyer feed if we go to court.

3. i have try to ask my own lawyer how. but she keep ask me to discuss with the owner.

4.Now my 4k is stuck at my own lawyer hand.she say as a stakeholder she can't give back my earnest deposit till we have come to a agrement or a court order.

what can i do

This post has been edited by lennon929: Jun 8 2009, 05:16 PM

Ic. So the 4 thousand is still with your lawyer. But 4k? If I'm mistaken, you are required to put 10% of house value.

For your info, if your loan is not approved or you decide not to buy within certain period (dun remember how many working days), they (your lawyer and their lawyer) have to return your deposit minus lawyer fees and handling fees. After that certain period, your deposit forfeited. And if the owner decide not to sell, he will have to return the money PLUS your lawyer fees (he will have to pay) if he canceled within period or outside period which he will have to play penalty for each day starting the end period till the day he canceled.

And if u cancel, you don't need to go to court but you will have to pay his and your lawyer fees. So before submitting any earnest/good will/deposit, go to the bank first and try to secure a loan first. Bank will send someone to estimate the value of the house and usually the amount that can be loaned is up to 90%. For a ready house, the interest rate is lower than a new house. Bank will check you credibility and ability to pay back and then approve your loan. And your lawyer will need to send a letter of intent to the bank for the bank to process the loan. Usually bank will recommend lawyer that is on their panel in order to expedite loan request.

Only when your loan is approved, the deposit then will be released by your lawyer to owner lawyer.

Loan approval will take somewhere 5 days working days.

You gave 4k to your lawyer so you should have a receipt from him.